34. Power to obtain information to ascertain if facility is data centre

This section applies where an authorised officer has reason to believe that a person (whether located in or outside Singapore) is operating a structure or group of structures encompassed within a facility in Singapore which may be a data centre.

The authorised officer may, by written notice given in the prescribed form and manner to the person, require the person to provide to the authorised officer, within a reasonable period specified in the notice, any relevant information or document relating to the structure or group of structures that may be required by the authorised officer for the purpose of ascertaining whether the structure or group of structures is a data centre.

Any person (whether located in or outside Singapore) who —

Any person to whom a notice is given under subsection (2) is not obliged to disclose any information or document that is subject to any right, privilege or immunity conferred, or obligation or limitation imposed, by or under any law, contract or rules of professional conduct in relation to the disclosure of such information or document, as the case may be.

Where a person claims, before providing any information or document in response to a notice given under subsection (2), that it might tend to incriminate the person, the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under any written law in respect of its falsity.